[House Report 104-557]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-557
_______________________________________________________________________

 
       INTERSTATE STALKING PUNISHMENT AND PREVENTION ACT OF 1996
_______________________________________________________________________


  May 6, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2980]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2980) to amend title 18, United States Code, with respect 
to stalking, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Interstate Stalking Punishment and 
Prevention Act of 1996''.

SEC. 2. PUNISHMENT OF INTERSTATE STALKING.

  (a) In General.--Title 18, United States Code, is amended by 
inserting after section 2261 the following:

``Sec. 2261A. Interstate stalking

  ``Whoever travels across a State line or within the special maritime 
and territorial jurisdiction of the United States with the intent to 
injure or harass another person, and in the course of, or as a result 
of, such travel places that person in reasonable fear of the death of, 
or serious bodily injury (as defined in section 1365(g)(3) of this 
title) to, that person or a member of that person's immediate family 
(as defined in section 115 of this title) shall be punished as provided 
in section 2261 of this title.''.
  (b) Conforming Amendments.--
          (1) Section 2261(b) of title 18, United States Code, is 
        amended by inserting ``or section 2261A'' after ``this 
        section''.
          (2) Sections 2261(b) and 2262(b) of title 18, United States 
        Code, are each amended by striking ``offender's spouse or 
        intimate partner'' each place it appears and inserting 
        ``victim''.
          (3) The chapter heading for chapter 110A of title 18, United 
        States Code, is amended by inserting ``AND STALKING'' after 
        ``VIOLENCE''.
          (4) The table of chapters at the beginning of part I of title 
        18, United States Code, is amended by striking

``110A.  Domestic violence..................................     2261''

        and inserting:

``110A.  Domestic violence and stalking.....................    2261''.

  (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 110A of title 18, United States Code, is amended by inserting 
after the item relating to section 2261 the following new item:

``2261A. Interstate stalking.''.

                          Purpose and Summary

    In the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322), Congress established a new federal 
offense aimed at stalkers of current or former spouses or 
intimate partners. This offense did not address cases in which 
the victim was unrelated to the stalker. H.R. 2980, the 
``Interstate Stalking Punishment and Prevention Act of 1996'' 
was introduced to address this insufficiency.
    H.R. 2980 would establish a new federal crime for crossing 
a State line, or otherwise entering a federal jurisdiction for 
the purpose of injuring or harassing another person, when such 
action places the person in reasonable fear of bodily harm. The 
authorized penalties are the same as those provided for in the 
current interstate domestic violence offense.

                Background and Need for the Legislation

    Over the last few years, the problem of stalking has grown 
tremendously, plaguing law enforcement officials at all levels. 
Well-publicized cases involving celebrities has served to 
highlight the frightening dimensions of this crime.
    In some instances, the stalking victim has to move to a new 
residence, at times in a new state, to escape the tormentor. 
Yet moving does not guarantee an end to the victim's nightmare. 
Some victims have been followed by their stalkers to the new 
state. This interstate stalking has made it increasingly 
difficult for law enforcement officials to investigate and 
prosecute the crime.
    This bill establishes a new federal crime for crossing a 
State line, or otherwise entering federal jurisdiction, for the 
purpose of injuring or harassing another person. This bill does 
not generally federalize the offense of stalking. Rather, it 
ensures that this crime of stalking is given force and effect 
in all areas clearly within the responsibility of the federal 
government.
    When a stalker operates across State lines, or travels in 
other areas within the jurisdiction of the federal government, 
it is very difficult for local law enforcement to conduct an 
effective investigation. In these instances, it is the proper 
role for federal law enforcement to investigate and prosecute 
the crime.
    The federal government would only have jurisdiction in 
these limited interstate instances. There are tremendous 
stalking problems that local law enforcement can address. 
Congress encourages local police to enforce trespassing, 
harassment and threatening as a method of preventing the 
stalker from continuing the crime.
    Stalking is a frightening and cowardly crime. Victims often 
feel trapped within their own homes. Family members and co-
workers are also frequently threatened. Congress should do 
everything in its power to assist law enforcement in the 
apprehension and conviction of these predators.
    The Justice Department is supportive of this legislation.

                                Hearings

    The Committee's Subcommittee on Crime held one day of 
hearings on H.R. 2980 on March 7, 1996. Testimony was received 
from two witnesses, Representative Edward R. Royce of 
California, and Mr. Kevin V. DiGregory, Deputy Assistant 
Attorney General, representing the Department of Justice. No 
additional material was submitted.

                        Committee Consideration

    On March 21, 1996, the Subcommittee on Crime met in open 
session and ordered reported favorably the bill H.R. 2980, as 
amended, by a voice vote, a quorum being present. On April 24, 
1996, the Full Committee met in open session and ordered 
reported favorably the bill H.R. 2980 with amendment by voice 
vote, a quorum being present.

                         Vote of the Committee

    There were no recorded votes.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to H.R. 2980, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 30, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2980, the Interstate Stalking Punishment and 
Prevention Act of 1996, as ordered reported by the House 
Committee on the Judiciary of April 24, 1996. CBO estimates 
that enacting the bill could lead to increases in both direct 
spending and receipts, but the amounts involved would be less 
than $500,000 a year. Because H.R. 2980 could affect direct 
spending and receipts, pay-as-you-go procedures would apply. 
The bill contains no mandates, as defined in Public Law 104-4, 
and would impose no direct costs on state, local, or tribal 
governments.
    H.R. 2980 would establish a new federal crime related to 
interstate stalking. Violators of the bill's provisions would 
be subject to criminal fines and imprisonment. The imposition 
of new fines could cause governmental receipts to increase 
through greater penalty collections, but we estimate that any 
such increase would be less than $500,000 annually. Criminal 
fines would be deposited in the Crime Victims Fund and would be 
spent in the following year. Thus, direct spending from the 
fund would match the increase in revenues with a one-year lag.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz and Stephanie Weiner.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.J. 
Res. 1 will have no significant inflationary impact on prices 
and costs in the national economy.

                      Section-by-Section Analysis

    Section 1. Short Title.--This section states that the short 
title of the bill is the ``Interstate Stalking Punishment and 
Prevention Act of 1996.''
    Sec. 2. Punishment of Interstate Stalking.--This section 
amends title 18, United States Code, to establish a new federal 
offense for crossing a State line or otherwise entering Federal 
jurisdiction for the purpose of injuring or harassing another 
person, when such action places the person in reasonable fear 
of bodily harm.
    The section also amends sections 2261(b) and 2262(b) of 
title 18, United States Code, by striking the language, 
``offender's spouse or intimate partner,'' and replacing it 
with the word ``victim.'' These latter changes are necessary 
because the bill expands the application of these two sections 
to include conduct relating to the stalking of strangers.

                              Agency Views

    The Committee received a letter from the U.S. Department of 
Justice providing Administration views on H.R. 2980, and other 
bills. The letter addressed the issues presented in H.R. 2980, 
in pertinent part, as follows:

      h.r. 2980--interstate stalking punishment and prevention act

    The proposed Interstate Stalking Punishment and Prevention 
Act of 1996 would enact an interstate stalking offense 
(proposed 18 U.S.C. 2261A). The proposed offense is modeled on 
the existing interstate domestic violence offense, 18 U.S.C. 
2261. It would specifically cover traveling across a state line 
or entering or leaving Indian country with the intent to injure 
or harass another person, where the actor in the course of, or 
as a result of, such travel places that person in reasonable 
fear of death or serious bodily injury to the person or an 
immediate family member. The authorized penalties would be the 
same as those provided in 18 U.S.C. 2261.
    In addition to proposing the new interstate stalking 
offense, the bill corrects a drafting problem in 18 U.S.C. 2262 
(relating to interstate violations of protection orders). As 
currently drafted, the penalty provisions in 18 U.S.C. 2262 are 
facially narrower than the scope of the offense it defines, 
since the penalty provisions refer to harm to the offender's 
spouse or intimate partner, but the offense defined in 
subsection (a) could be premised on violation of a protection 
order issued for the benefit of any person. The bill corrects 
this problem by substituting references to the ``victim'' in 
the penalty provisions for references to ``spouse or intimate 
partner.''
    The Department of Justice supports the enactment of this 
legislation. In essence, it fills a gap in existing federal 
law, which reaches interstate domestic violence (under 18 
U.S.C. 2261) and interstate violations of protection orders 
(under 18 U.S.C. 2262), but does not cover essentially similar 
types of conduct where the victim has not had an intimate 
relationship with the offender and has not obtained a 
protection order. Since the scope of the proposed offense is 
generally limited to cases involving interstate movement of the 
offender, we do not believe that it will result in an excessive 
extension of federal jurisdiction or undermine state 
responsibility. Rather, like the existing offenses in 18 U.S.C. 
2261-62, it will provide a supplementary measure for cases 
where the interstate nature of the offense may create 
difficulties for effective state investigation and prosecution.
    In terms of drafting, we suggest the following corrections 
or refinements: (1) It would be advisable to add to 18 U.S.C. 
2266 a definition of ``harass,'' a term that appears without 
definition in 18 U.S.C. 2261 and proposed 18 U.S.C. 2261A. We 
would be pleased to work with the sponsors to devise an 
appropriate definition. (2) For consistency with the 
corresponding language in 18 U.S.C. 2261 (a)(1), proposed 18 
U.S.C. 2261A should say ``with the intent to injure, harass, or 
intimidate'' rather than ``with the intent to injure or 
harass.'' (3) The term ``serious bodily injury'' should be 
defined. This is a term often used in title 18, and its 
existing definition could be incorporated by reference by 
adding ``(as defined in section 1365(g)(3) of this title)'' 
after ``serious bodily injury'' in proposed 18 U.S.C. 2261A. 
(4) The phrase ``of this title'' should be inserted after 
``section 115'' in proposed 18 U.S.C. 2261A. (5) The item for 
chapter 110A in the table of chapters for title 18, United 
States Code, should be amended to reflect the change in the 
chapter heading proposed in the bill (from ``domestic 
violence'' to ``domestic violence and stalking'').

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                             PART I--CRIMES

          * * * * * * *
Chap.                                                               Sec.
1.     General provisions.........................................     1
     * * * * * * *
[110A.  Domestic violence......................................... 2261]
110A.  Domestic violence and stalking.............................  2261
     * * * * * * *

              CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

Sec. 2261. Interstate domestic violence.
     * * * * * * *
2261A. Interstate stalking
     * * * * * * *

Sec. 2261. Interstate domestic violence

  (a) * * *
  (b) Penalties.--A person who violates this section or section 
2261A shall be fined under this title, imprisoned--
          (1) for life or any term of years, if death of the 
        [offender's spouse or intimate partner] victim results;
          (2) for not more than 20 years if permanent 
        disfigurement or life threatening bodily injury to the 
        [offender's spouse or intimate partner] victim results;
          (3) for not more than 10 years, if serious bodily 
        injury to the [offender's spouse or intimate partner] 
        victim results or if the offender uses a dangerous 
        weapon during the offense;
          (4) as provided for the applicable conduct under 
        chapter 109A if the offense would constitute an offense 
        under chapter 109A (without regard to whether the 
        offense was committed in the special maritime and 
        territorial jurisdiction of the United States or in a 
        Federal prison); and
          (5) for not more than 5 years, in any other case,
or both fined and imprisoned.

Sec. 2262. Interstate violation of protection order

  (a) * * *
  (b) Penalties.--A person who violates this section shall be 
fined under this title, imprisoned--
          (1) for life or any term of years, if death of the 
        [offender's spouse or intimate partner] victim results;
          (2) for not more than 20 years if permanent 
        disfigurement or life threatening bodily injury to the 
        [offender's spouse or intimate partner] victim results;
          (3) for not more than 10 years, if serious bodily 
        injury to the [offender's spouse or intimate partner] 
        victim results or if the offender uses a dangerous 
        weapon during the offense;
          (4) as provided for the applicable conduct under 
        chapter 109A if the offense would constitute an offense 
        under chapter 109A (without regard to whether the 
        offense was committed in the special maritime and 
        territorial jurisdiction of the United States or in a 
        Federal prison); and
          (5) for not more than 5 years, in any other case,
or both fined and imprisoned.
          * * * * * * *

Sec. 2261A. Interstate stalking

  Whoever travels across a State line or enters or leaves 
Indian country with the intent to injure or harass another 
person, and in the course of, or as a result of, such travel 
places that person in reasonable fear of the death of, or 
serious bodily injury to, that person or a member of that 
person's immediate family (as defined in section 115) shall be 
punished as provided in section 2261.
          * * * * * * *

                                
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